RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 JUNE 2005
      DOCKET NUMBER:  AR20040006554


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Kenneth Lapin                 |     |Member               |
|     |Ms. Delia Trimble                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect award
of the Purple Heart and the Air Medal.

2.  The applicant states he received both awards upon leaving Vietnam and
needs the awards in order to update his priority status for service with
the Department of Veterans Affairs.

3.  The applicant provides a copy of his separation document and a copy of
a Department of the Army Form 1577 (Authorization for Issuance of Awards)
showing he was entitled to issuance of several decorations, including the
Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 December 1971.  The application submitted in this case
is dated
25 August 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing award of this
decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Air Medal under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, it will not be
discussed further in the Record of Proceedings.

4.  Records available to the Board indicate that he was inducted and
entered active duty on 18 August 1970.  While undergoing training he
qualified as an expert with the 45-caliber pistol and the M-16 rifle, as a
marksman with the M-79 grenade launcher, and as a sharpshooter with the
hand grenade.  He was awarded the associated badges and component bars.
Orders issued at Fort Jackson, South Carolina confirmed the awards but they
were omitted from his separation document.

5.  In January 1971, following completion of training, the applicant was
assigned to the 2nd Battalion, 501st Infantry, in Vietnam.  According to
item 40 (wounds) on his Department of the Army Form 20 (Enlisted
Qualification Record) he sustained multiple fragmentation wounds to his
thighs and left forearm on 21 March 1971.  Orders issued by a Navy Medical
Officer confirmed the applicant’s award of the Purple Heart.  The award,
however, was omitted from his separation document.

6.  The applicant departed Vietnam in December 1971 and on 24 December 1971
was released from active duty with an honorable characterization of
service.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (Vietnam
Counteroffensive Phases VII, and Consolidation I and II) during the
applicant’s period of assignment.  Three bronze service stars on the
Vietnam Service Medal, vice the two currently recorded on his separation
document, should reflect his campaign participation.  The unit was also
awarded the two awards of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm during his tenure with the organization.  The unit
awards were also omitted from his separation document.

8.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

9.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded in action and
awarded the Purple Heart.  His records should be corrected accordingly.

2.  The evidence also confirms that he qualified as an expert with the 45
caliber pistol and the M-16 rifle, as a marksman with the M-79 grenade
launcher, and as a sharpshooter with the hand grenade, and that he was
awarded the associated badges and component bars.  His records should be
corrected to reflect that information.

3.  The applicant is also entitled to three bronze service stars on his
Vietnam Service Medal vice the two currently reflected, as well as two
awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 24 December 1971.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 18 August 1970 through 24 December 1971.

BOARD VOTE:

___RW      __KL____  ___DT __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by showing that he was awarded the Purple Heart;


      b.  by showing that he qualified as an expert with the 45 caliber
pistol and the M-16 rifle, as a marksman with the M-79 grenade launcher,
and as a sharpshooter with the hand grenade, and that he was awarded the
associated badges and component bars;


      c.  by showing that he is entitled to three bronze service stars on
his Vietnam Service Medal, vice the two currently shown, and two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and


      d.  by awarding him the Army Good Conduct Medal for the period
18 August 1970 through 24 December 1971.





                            ____Raymond Wagner_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006554                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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